توجب الحجر في الأقوال دون الأفعال
Translation: These grounds restrict legal statements, not the reality of physical acts.
The chapter distinguishes the juridical effect of statements from the consequences of physical acts. If someone’s attempted contract has no legal effect, this does not mean the destruction of someone else’s property is ignored.
This explains the chapter’s structure. Sale formulae, acknowledgments, divorce and manumission concern the effectiveness of legal declarations. Breaking another person’s property is a physical event that creates a separate question of compensation.
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Words and physical acts produce different effects
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
توجب الحجر في الأقوال دون الأفعال
Translation: These grounds restrict legal statements, not the reality of physical acts.
The chapter distinguishes the juridical effect of statements from the consequences of physical acts. If someone’s attempted contract has no legal effect, this does not mean the destruction of someone else’s property is ignored.
This explains the chapter’s structure. Sale formulae, acknowledgments, divorce and manumission concern the effectiveness of legal declarations. Breaking another person’s property is a physical event that creates a separate question of compensation.